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CR.MA/9886/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9886 of
2011
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PUNAMBHAI
NARANBHAI DHEDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
MS ML SHAH APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/07/2011
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
Learned
counsel for the applicant submits that the applicant is one of the
accused out of 50 against whom FIR is registered and at least 22
accused persons have been granted anticipatory bail or enlarged on
regular bail. It is further submitted that the applicant has roots
in the society, will not flee from justice and will cooperate with
the investigation as and when called for. It is further submitted
that in view of the above, the applicant may be granted anticipatory
bail.
Heard
Learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, without discussing the evidence
in detail, at this stage, I am inclined to grant anticipatory bail
to the applicant. This Court has also taken into consideration
the law laid down by the Apex Court in the case of Siddharam
Satlingappa Mhetre v. State of Maharashtra & Ors. Reported in
[2011]1 SCC 694, wherein the Apex Court reiterated the law
laid down by the Constitutional Bench in the case of Shri
Gurubaksh Singh Sibbia & Ors. Reported in [1980]2 SCC 565.
Learned
counsel for the parties do not press for further reasoned order.
In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant to FIR being
CR No.I-106/2011 with Rajkot City “B” Division Police
Station for the offences punishable under sections 143, 147, 148,
149, 436, 394, 395, 323, 427, 188 of the IPC, the applicant shall
be released on bail on furnishing a bond of Rs.10,000/- (Rupees Ten
Thousand only) with one surety of like amount on following
conditions :-
[a] shall
cooperate with the investigation and make himself available for
interrogation whenever required.
[b] shall
remain present at concerned Police Station on 19.7.2011 between
11:00 am to 2:00 pm:
[c] shall not
hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them from disclosing such facts to the Court or to any
Police Officer;
[d] shall at
the time of execution of bond, furnish the address to the
Investigating Officer and the Court concerned and shall not change
the residence till the final disposal of the case or till further
orders;
[e] will not
leave India without the permission of the Court and, if is holding a
Passport, shall surrender the same before the trial Court
immediately;
[f] It would be
open to the Investigating Officer to file an application for remand,
if he considers it just and proper and the concerned Magistrate would
decide it on merits;
[g] despite
this order, it would be open for the Investigating Agency to apply to
the competent Magistrate, for police remand of the applicant. The
applicant shall remain present before the learned Magistrate on the
first date of hearing of such application and on all subsequent
occasions, as may be directed by the learned Magistrate. This would
be sufficient to treat the accused in the judicial custody for the
purpose of entertaining application of the prosecution for police
remand. This is, however, without prejudice to the right of the
accused to seek stay against an order of remand, if ultimately
granted, and the power of the learned Magistrate to consider such a
request in accordance with law. It is clarified that the applicant,
even if, remanded to the police custody, upon completion of such
period of police remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Rule
made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(ANANT
S. DAVE, J.)
*pvv
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